Am I obliged to provide credit card statement to debit recovery company?

hattiefats

It sounds like unless you want to be hassled you'd be better off paying them the outstanding amount.
You had every intention of paying for them at the time so you'll be no worse off and you won't have to worry.

udydudy

hc76 wrote: »

Thanks for all the replies.

I haven't admitted to anything yet - I have just challenged them to prove that I owe them money. The response to this from both Dell and the debt recovery company is to ask for my credit card statement. This suggests to me that their records are in a mess.
......... I could have lost it by now anyway, it was 16 months ago...

On the other hand if I refuse to play ball what will their next step be?

My suggestion is not to refuse to pay , but do not provide your credit card statement. It is upto Dell to send you a statement and copy of Invoice showing how much the goods costs and how much was charged for it. The difference, ofcourse, is your liability. AFAIK, From past experience, Dell is a total choas as far as their accounts are concerned and they do not have any systems in place to take care of anything that is divergent from the norm. yours is a perfect example, for some reason they took less money but now one hand does not know what the other is doing or has done.

I would ask the debt collectors to put everything in writing with Copies of Invoices and payment proof. If they can provide all that then you will have to pay up the difference if the amounts agree.

Else let them go to court. The Judge would most probably fall off the bench if they cannot provide Invoices and payments and how they arrived at how much you owe them!!!!..

In Court it is upto the Claimant to provide proof and for the defendant to then reply if you dispute the amounts. Secondly IF when you ask(do it in writing) for proof of Invoices and payments(they have to provide) and they do not provide it then if they go to court and provide the same at that stage you can claim costs against them as they did not provide you with the same when you asked for it.

I would think irrespective of morality of the situation, they should be the ones providing documents and proof. I would not pay anyone who comes to my door and asks for money without providing details of what I owe them. In addition asking me to provide what I paid them is taking the mick!!!!

Dell is the IT company and their systems should hold details, not you, unless it is for business purpose then you should have had Dell as a creditor on your books as well, but they have to prove that you owe them money, not you.:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

Best of Luck. :T:T:T

lisyloo

I would make it clear that I was prepared to pay AS AND WHEN they can prove what I owe.

I think this would stand you in good stead with a judge.
You have agreed to pay and the ball is in their court.

PNPSUKNET

why hassle, you know you underpaid them.

izools

PNPSUKNET wrote: »

why hassle, you know you underpaid them.

The issue is that Dell have passed the total order value to the DCA, not just the underpaid value, and the DCA / Dell refuse to acknowledge that a part-payment has been made and the outstanding balance, is therefore, around half of the original invoice value.

I'm with udydudy in every respect on this one

PNPSUKNET

havent seen anywhere it has said the total included paid was passed

the_insider

Just out of curiosity, do you still have the credit card statement and does it show that you paid some of the balance?

hc76

PNPSUKNET wrote: »

havent seen anywhere it has said the total included paid was passed

They have not passed the whole order value, just the amount they think is unpaid. This differs from the figure I think is unpaid.

hc76

the_insider wrote: »

Just out of curiosity, do you still have the credit card statement and does it show that you paid some of the balance?

Yes I do and it shows they charged 4 amounts that total approx half of the order value.

I do wonder whether my best response at this stage is to say I have lost the statement.

udydudy

hc76 wrote: »

Yes I do and it shows they charged 4 amounts that total approx half of the order value.

I do wonder whether my best response at this stage is to say I have lost the statement.

IMHO, make no comment on the statement. That is none of their business. legally (I am not a legal person) I do not think they can ask you to prove anything with out first providing their side of the story in full not just demanding an amount. They are demanding that there is unpaid amounts. It is for them to prove to you the statement of amounts showing the Invoice amount and paid amounts. For all you know the difference could be charges that they have added which is illegal as you did give them your card details and they made the mistake of not charging the right amount. In addition they did not chase it for so long. Though since it is only 1 year or so they can chase you for the money they have to assist you in all ways to reconcile the amounts by providing how they arrived at the amount,i.e copy of Invoice and Paid amount. Once they have provided that then it is up to you to prove your side of the story and why their amount is wrong.

AT that point if they accept your version, you are liable to pay up the remaining amount. If they do not accept your version at that point only then they can go to the county court to recover the dues. But then if you have your side correct they will have to pay their legal costs and your legal costs as well. you could also charge for costs for time taken as it was their mistake.


Moot point here is write a letter demanding that Dell provide proof of all concerned papers(Iinvoices & payments) , send it to Dell; cc to the DCA. Also mention that without them sending you this proof if any contact is made to threaten you then it will be a matter for the poilice as that would be deemed harrassment as you have asked details and not just refused to pay. Make sure the letter is clear, concise and polite.

This will help you in court to demand additional costs for unreasonable harrasment. I have been there done that for my company in a similar situation with a supplier(not dell)

My call is when you send that letter they will either send you the details or if they do not have the details it will be a negotiated settlement at which point you should negotiate a lower amount especially if it is already with the DCA. Remember they have bought the debt for a amount far lower than what Dell thinks you owe them!!!

Depening on the amounts concerned here(which you have not mentioned) going to court with out proof will cost them a lot more than the amount of debt, as they would lose and then they would have incurred expensive legal costs(Solicitors, etc) and court costs. WHile as you can represent your self and like a common man ask for all documentation.

Best of Luck